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TOWBIN DODGE, LLC v. DIST. CT.

No. 43750.

112 P.3d 1063 (2005)

TOWBIN DODGE, LLC, a Nevada Limited Liability Company; Towbin Jeep Eagle, LLC, a Nevada Limited Liability Company; Towbin Nissan, Inc., a Nevada Corporation; and Towbin Automotive, Inc., Doing Business as Towbin Infinity, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, IN AND FOR THE COUNTY OF CLARK, and the Honorable Kathy A. Hardcastle, District Judge, Respondents, and Overland Financial Services, LLC, an Arizona Corporation; MAPFS Corp., a Suspended California Corporation; Michael Mackenzie, Trustee of MAPFS, a Suspended California Corporation; Federated Funding, Inc., an Unknown Entity; Robert Dixon, Individually; and Heller Financial, Inc., a Delaware Corporation, Real Parties in Interest.

Supreme Court of Nevada.

June 9, 2005.

Attorney(s) appearing for the Case

R. Clay Hendrix, Las Vegas, for Petitioners.

Allf, Paustain & Szostek and Nancy L. Allf and Timothy P. Thomas, Las Vegas, for Real Parties in Interest Overland Financial Services, LLC, MAPFS Corp., and Michael MacKenzie.

Santoro, Driggs, Walch, Kearney, Johnson & Thompson and Richard F. Holley and Oliver J. Pancheri, Las Vegas, for Real Party in Interest Heller Financial, Inc.

Before the Court en Banc.

OPINION

PER CURIAM.

In this petition, we consider whether an affidavit to disqualify a district judge, filed after contested pretrial matters were heard but almost immediately after the alleged basis for disqualification was discovered, was timely. NRS 1.235 sets forth the procedure for disqualifying district judges and requires that an affidavit be filed at least twenty days before trial or at least three days before any contested pretrial matter...

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